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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 14 months, if no objections or oppositions arise.
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If I register my trademark in Nicaragua, do I have protection in other territories?
The territorial limit of registration is Nicaragua.
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Do I need to sign a Power of Attorney?
A power of attorney is one of the application requirements.
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Are there any benefits from a pre-filing use of the trademark?
There are no benefits from pre-filing use of a trademark.
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Will there be problems in case I don’t use my trademark after registration?
Attack on the ground of non-use is available.
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What are the types of trademark that can be registered in Nicaragua?
- words
- devices
- names
- certain three-dimensional shapes
- slogans
- colours
- smells (olfactory trademarks)
- sounds
- holograms
- trade dress/get-up
- certification marks
- collective marks
- service marks
- well-known marks
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What are the phases of application after a trademark has been filed in Nicaragua?
- Publication of the following information:
- mark
- application number
- name of applicant
- application date
- state or country of incorporation of applicant
- priority claim information
- goods/services
- representation of trademark
- Examination of the application according to its:
- classification
- formalities
- clarity
- distinctiveness
- descriptiveness
- conflict with prior registration
- deceptiveness
- Registration
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What type of trademark is not registrable?
- marks that are against moral standards or public order
- generic terms
- names, symbols or flags of states, regions, nations or international organizations
- non-distinctive trademarks
- marks that function primarily as geographic location names
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Does Nicaragua use the "Nice Classification" system?
Nicaragua uses the Nice Classification System.
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Does the Community Trademark apply for Nicaragua?
The Community Trade Mark or the European Union Trademark registration is not effective in Nicaragua.
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Is there any possibility to claim priority in Nicaragua?
The applicant may claim priority application if:
- the home country is a member of the Paris Convention
- the home application was filed within six months before the application in Nicaragua
- the home country is a member of the World Trade Organization
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What do I need to do to satisfy the use requirement?
A trademark must be used within three years. The amount of use must be on a commercial scale and must occur in Nicaragua.
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Once my trademark has been registered, for how many years will be valid?
The initial term of a registration is 10 years calculated from the registration date.
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What will be the renewal date of my trademark?
The first renewal date of a registration is 10 years from the registration grant date.
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Is it legal to use my trademark even if it is not yet registered?
It is legal to use an unregistered mark for goods/services.